started our investigation, we took a look at what other complaints had been filed. d there were a whole sies private complaints that had been brought, and patterson belknap had brought a couple of those cases. >> smith: the complaint that was filed by new york attorney general schneiderman was based largely on work done by private law firms, work that goes back several years. what does that tell us about the work that the justice department was doing all this time? >> i do think... i think it's unusual for, but not unprecedented for, the justice department to sort of follow on to the work of private litigants. but it does raise the question, you knowwhy dn't the government develop it first? >> smith: that's a real question. >> it is. >> smith: given all the pushing that you were doing and senator kaufman was doing. >> i think, yeah, i think it's an absolutely fair question to ask. >> narrator: attorney david boies, whose firm has represented both banks and plaintiffs suing financial institutions, has also reviewed schneiderman's complaint. >> smith: schneiderman is bringing a civil case alle